Are you At Fault for a Car Accident?

If you’re at fault for the motor vehicle collision, you face a double-edged sword: your insurance premiums can go up because of the at-fault claim AND you can suffer another surcharge (increase) because your driving record shows a ticket.

When the police issue you a traffic violation ticket as a result of a car accident you caused you are at risk for a double insurance premium increase. Your insurance carrier can, and often does, raise your insurance premiums for 5 years because the car accident was deemed to be your fault. The traffic ticket the police gave you creates another insurance premium increase when it goes on your driving record. That increase is for 3 years while the ticket shows on your driving record. Then your insurance premiums are pro-rated downward for another 3 years until you are returned to your original rating. NOW, suppose that car accident ticket is one of the high-surcharge offenses like Careless Driving or Follow Too Close or Fail to Stop at a Red Light. Those traffic tickets living on your driving record can cause catastrophic insurance premium increases.

Virtually every charge arising from a car accident is negotiable.

It has nothing to do with “getting off” and everything to do with saving you money! Getting a traffic accident charge reduced to the most minor offense available can literally save you thousands of dollars over the next three years with your insurance company.

If you know you didn't do anything wrong (police make mistakes all the time when it comes to car accident charges) then you want The Pointman to go to trial for you. If winning the trial is truly unlikely, we'll certainly tell you that.

Traffic Ticket Tip: Careless Driving / Car Accidents

If you’re at fault for a car accident, chances are you received a Careless Driving charge. This carries as much weight as being charged with drunk driving. Careless Driving can often be reduced or even REMOVED from your driving record.

Careless Driving (or Undue Care and Attention on some tickets) is the most serious moving violation in Alberta, bringing the SAME insurance premium increase as if you got an Impaired Driving conviction. That will mean thousands of extra dollars per year on your insurance rates… for three years or more!

Careless Driving is a badly overused/misused “catch all” that police prefer to issue in a car accident. This practice evolved years ago from the prosecutors’ decision to make their courtroom jobs easier. They directed the police to use this charge almost exclusively when dealing with car accidents. Why?... because accident trials always have civilian witnesses that tie up inordinate amounts of time in court.

The prosecutors big idea is that there are dozens of lesser offenses contained within Careless Driving they can plea bargain down to, and most defendants will take a deal to avoid the insurance risk of fighting the original charge at trial.

NEVER cut a deal with the prosecutor in these cases. The charge is inappropriate in nearly every accident and we have the knowledge and experience to help you reduce or even ELIMINATE this charge entirely…. Saving you a TON of money and stress.

Traffic Ticket Tip: Accidents with motorcycles

Every year in early spring we are guaranteed to have motorcycle fatalities. Find out why this is such a predictable occurrence and what you can do to help save a life or two.

There’s no denying that warmer temperatures and dry roads makes us all want to get out and motor. It’s an even stronger draw for motorcyclists who’ve been stuck inside their 4-wheelers for the past six months. The danger begins as they twist that throttle open more and more.

Time and time again we see a car struck by a motorcycle, the rider critically injured… or even dead on the road, while the shocked driver says, “I never saw him.”

Here’s why: the relatively small profile of a motorcycle can easily make them blend into their surroundings, becoming temporarily ‘invisible’ to an oncoming driver. This is particularly true at night when we’re all used to seeing a pair of headlights approaching us. That single headlight makes accurate distance perception by oncoming drivers very challenging. At a high rate of speed, a motorcycle approaching at night can look exactly the same as one travelling the speed limit.

A driver making a left turn who actually sees the motorcycle approaching can easily misjudge its speed… then we have another fatality as the car crosses its path at the wrong time.

The remedy here is really pretty obvious: Drivers, be extra attentive for motorcycles at this time of year… and Riders, pleeeease, remember those oncoming drivers don’t see you nearly as well as you see them. We’re hoping that a little more understanding of why this happens will help change the statistics for the better.

Another common problem motorcyclists run into (pun intended) is that many car drivers do some incorrect math. Huh? Many drivers assume that having half as many wheels (two rather than four) means you can manoeuvre twice as fast, stop twice as fast etc.

We won’t go into the science of it but in reality it’s exactly the opposite: motorcycles cannot turn or brake nearly as fast as you can in a car or truck. So remember, car drivers, give motorcycles just a little more time to make certain moves and react accordingly. ...and riders, always assume you’re invisible to other users on the road.

Keep these points in mind and let's enjoy safe and happy spring motoring.

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Traffic Ticket Tip: Rear-End Collisions

I rear-ended a car in front of me when I sneezed. Is this my fault?

Though highly unfortunate, this type of car accident will still be your fault as far as the insurance companies are concerned, because the driver in front of you did nothing wrong. The issue at hand is whether you are guilty of an offense that caused the accident.

Reviewing the evidence leading up to the moment of impact is critical in determining whether you deserve to be charged at all.

Very often there is no chargeable offence committed in a rear-ender.

As in most car accidents, police will typically issue a careless driving charge. I think we’ll all agree that sneezing at the wheel is NOT worthy of the most serious traffic offence in Alberta.

A Careless Driving charge is worth 6 demerits on your driving record and will have the same devastating effect as an impaired driving conviction on your insurance premiums.

Momentary inattention is most certainly NOT careless driving - and this is the case in most rear-end collisions.

That’s why we’re here. If you’re at fault for a car accident… or any other traffic offence, contact us. We will protect your driving record and keep your insurance rates from skyrocketing.

Traffic Ticket Tip: Parking Lot Accidents

In pursuit of that LAST Christmas gift, you’re driving along the main thoroughfare of a mall parking lot, frantically looking for an empty stall and a car pulls out of the parking aisle to your right, smashing into you. Who’s at fault?

Surprise... YOU are! It’s crazy, but civil courts rule time after time, even though NONE of us yield to that vehicle, Traffic Safety Act yielding rules for uncontrolled intersections apply. No exceptions.

Imagine the mayhem in our parking lots if we actually started following laws written for the roadways? Wow!

So while we can’t tell you to continue breaking the law in parking lots, please remember to always let common sense prevail – all our fenders will appreciate it.

Traffic Ticket Tip: Distracted Driving

You’re stopped at a fresh red light… time for a quick look at that text message. You put your phone down well before proceeding through the green, yet get pulled over for Distracted Driving. Huh?

The Province of Alberta has made it very clear they do not want drivers looking at their phones while behind the wheel… period. If you pull over and park you’re fine, but if you’re in a driving lane you simply cannot “hold, view or manipulate” your phone. While it could be argued that sitting still isn’t actually “driving", the Traffic Safety Act includes in its definition of Driving that ‘having the care or control of a vehicle” also constitutes as driving. There’s just no way around it.

Do not use your phone, in any way, if you’re in the act of driving… moving or otherwise.

Since January 1, 2016 there are 3 demerit points for this offence and they'll sting you for a $287 fine.Your insurance carrier will most certainly enjoy significantly raising your premiums if you get one of these on your driving record. That’s where you really get burned!